Does the Azal Coffee agreement state that I entered into it without duress or coercion?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
- AFTER CONSULTING WITH MY ATTORNEY OR HAVING THE OPPORTUNITY TO DO SO, I KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY (AND WITHOUT DURESS OR COERCION) WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY LITIGATION BASED ON OR ARISING OUT OF THIS AGREEMENT OR BASED ON ANY COURSE OF CONDUCT, DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTION RELATING TO THIS AGREEMENT. I WILL NOT SEEK TO CONSOLIDATE, BY COUNTERCLAIM OR OTHERWISE, ANY SUCH ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. THESE PROVISIONS WILL NOT BE DEEMED TO HAVE BEEN MODIFIED IN ANY RESPECT OR RELINQUISHED BY ME OR THE COMPANY EXCEPT BY A WRITTEN INSTRUMENT EXECUTED BY ME AND THE COMPANY.
Source: Item 23 — RECEIPTS (FDD pages 51–204)
What This Means (2024 FDD)
According to Azal Coffee's 2024 Franchise Disclosure Document, the agreement includes an acknowledgement that you are entering into it voluntarily and without any duress or coercion. Specifically, the document states that after having the opportunity to consult with an attorney, you knowingly, voluntarily, and intentionally waive any right to a trial by jury in litigation arising from the agreement, doing so without duress or coercion. This acknowledgement is part of a broader waiver of rights related to jury trials.
This clause is significant because it confirms that you are entering the agreement freely and understand the implications of waiving your right to a jury trial. By signing this acknowledgement, you are affirming that your decision is not the result of any pressure or undue influence from Azal Coffee. This type of clause is relatively standard in franchise agreements, as franchisors want to ensure that franchisees cannot later claim they were forced into the agreement.
It is important to carefully consider this clause and consult with an attorney to fully understand the implications of waiving your right to a jury trial. While the agreement states you are doing so voluntarily, it is still your responsibility to ensure that this is indeed the case. If you feel any pressure or coercion, it is crucial to address it before signing the agreement. This acknowledgement aims to protect both Azal Coffee and you by ensuring a clear understanding of your rights and obligations under the franchise agreement.